REFORM OF MENTAL HEALTH LEGISLATION AND CARE IN ARMENIA/CEE

In communist countries the situation with advocacy for persons with mental disabilities totally differs from one in the civil societies. There was neither a legal system nor a civil tradition to advocate for the rights of persons with mental disabilities. The mental health care system was designed in a way, that the corner stones of system – in-patient psychiatric institutions - regards their mission more to punish than to care or help. Persons with mental disabilities were seen as a people, who has to be isolated from the society and their life were under the strong control of so called “dispensers”. Moreover, in former Soviet Union there was not even legislation to regulate the field of mental health. The basic human rights of these people were violating in every step of their lives: it is written a lot about psychiatric abuse in political reasons in countries of the region, there is an awareness that there was a serious abuse and violation of rights of persons with mental disabilities on a social and economical levels. But there is another very important right, from which persons with mental disabilities were deprived – the right of being a part of the society, to participate equally with others in everyday life. In the communist era a majority of persons with mental disabilities were kept in institutions, far away from communities, under vigilant control of personnel, with trampled dignity, were so called “instructions” gave a extraordinary authority to the personnel.
Similar was the situation in mental health services throughout Eastern and Central Europe. Although, in some of the countries of that part of the region there was some legislation, regulating rights of persons with mental disabilities, the situation with observation of human rights was practically the same as in USSR and the basis of system was segregation.
Since perestroyka starts, because of publication of facts of political abuse in psychiatry, in 1988 order of Minister of Health of USSR was issued. This document for the first time in this part of world regulates the mental health issues.
Later, with global process of transition in this region, situation with advocacy for persons with mental disabilities started to change and now it differs from country to country. Some countries of Eastern and Central Europe revised their existing legislation, some created new, in some countries advocates proposed the drafts of the law, in some although there is modern law situation with observation of elementary human rights becomes worse. But still, the system of services for persons with mental disabilities do not satisfy the most important demand of advocacy groups – transition from segregative care system to community based services. International and governmental agencies were trying to facilitate the living conditions of persons with mental disabilities by providing food and shelter to the needy. But not much had been done to assist them in the process of integration and adaptation into society. Only in a few countries of the region there are community-based services for persons with mental disabilities. In others even small pilot services do not exist. This violates the most important right of persons with mental disabilities – integration into community and caused complete isolation of from the communities. Isolation caused new psychological and social problems. Lack of wide range of community-based services is the serious problems for persons with mental disabilities.

The research will cover the following areas:
review and comparative analysis of mental health legislation in Eastern and Central Europe and former USSR
review and comparative analysis of existing system of care for persons with mental disabilities in Armenia, Hungary, Poland.
summarizing of experience of community based services and activities of advocacy organizations for persons with mental disabilities in the region
design of new advocacy strategies appropriate for the region.

Researches show that the countries with law GDP and permanent lack of finances, poverty and high level of criminality, plenty of vulnerable groups have difficulties with observation of human rights in general, and in mental health in particular.
Countries in the transition are changing the whole system of mental health services and establish new services at the same time legislative reforms. Lack of mental health legislation creates serious risks for persons with mental disabilities. The basic principles of mental health legislation are stated in UN Resolution 46/119 adopted on 18 February 1992 and in “Ten Basic Principles of Mental Health Care Law” of World Health Organization. Other important standards are stated in UN Resolution “Equal Opportunities for Persons with Disabilities” and some European Council documents.

The law itself and the implementation of law are different processes. Even the existing legislation framework does not solve the problems with advocacy for persons with mental disabilities. More efforts have to be done to enforce legislation and to implement law into everyday life. Human rights in mental health is more large than good, democratic legislation, which fits in any and every international human rights standards. Adoption of new law is the first and easiest step on the long path of reforming of services for persons with mental disabilities in the transition. Law could be only the paper if strong advocacy will not forced its implementation.
 

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